Respondents (Government)

May it please this Hon’ble Supreme Court of Westeros, this is Anurag Singh, appearing on
behalf of respondents.
Your honour as my co-counsel said I’ll deal with the first two issues taking 8 minutes of this
courts time.
Moving on with the first issue:
WHETHER THE MHA ORDER DATED 27.03.2020 IS ARBITRARY, AND THE
DETENTION OF SUCH MIGRANT WORKERS IN PURSUANCE OF SUCH ORDER
AMOUNTS TO A VIOLATION OF THEIR FUNDAMENTAL RIGHTS
Your honour the first contention of the counsel is that the order passed by Ministry of
Home Affairs is constitutional because of two main reasons –
1. Firstly, the order is passed by a competent authority.
2. Secondly, the order is neither arbitrary nor violates the Fundamental Rights.
It is submitted that Ministry of Home Affairs has passed the order which directs the State
machineries to ensure restriction on public movement on roads. The same has been
challenged in the present petition. It should be noted that entry 29 of the Concurrent list,
provides for Centre and State government to make laws regarding ‘Prevention of the
extension from one State to another of infectious or contagious diseases or pests affecting
men, animals or plants’.
Moreover the Section 10 (2)(l) of the Disaster Management Act, states that the national
executive committee may lay down guidelines for, or give directions to, the concerned
Ministries or Departments of the central government, the State Governments and the State
Authorities regarding measures to be taken by them in response to any threatening disaster
situation or disaster.
Therefore, the Ministry of Home Affairs derives its powers from this section and hence, the
order cannot be challenged on the ground of legislative incompetency.
Moving on with the 2nd limb of my argument it is submitted that an act is arbitrary if it is
without any determining principle; not founded in nature of things; non rational; founded on
prejudice or preference rather than on reason or fact. Further, any action that is arbitrary must
necessarily involve the negation of equality.1
The mere fact that some hardship or injustice is caused to someone is no ground to strike
down the rule altogether if otherwise the rule appears to be just, fair and reasonable and
constitutional.2
The Court cannot, however, question the subjective satisfaction of the authorities empowered
to issue order of externment, if the correct procedure laid down in the law has been followed.3

1
Suresh Chandra Sharma v Chairman U.P. SEB (2005) 3 SCC 153
2
A. P. Coop. Oil Seeds Growers Federation Ltd. v D. Achyuta Rao (2007) 13 SCC 320
3
Hari Khemu Gawali v The Deputy Commissioner of Police 1956 AIR SC 559
Moreover, the detention of migrant workers in pursuance of the order does not amount to the
violation of their fundamental rights because, the detention is as per the procedure established by
law and the restriction imposed are reasonable restriction under Article 19(5).
Sections 2 and 2A of the Epidemic Disease Act, 1897, allows the government to take
measures if it is satisfied that any state or any part thereof is visited by or threatened with an
outbreak of any dangerous epidemic disease.
Section 3, 52 prescribes the penalty for disobeying any regulation or order made
under the Act in accordance with Section 188 of the Westeros’ Penal Code, which is
an offence of disobeying directions of a public servant.
Therefore, there are various legal provisions which empower the authorities to punish the
people who are not following the government order. Therefore, the restrictions on
individual’s rights is for the public welfare and in accordance with the procedure established
by law.
A law constitutes a restriction upon the freedom of movement only if it imposes restrictions
upon the right of locomotion of the person physically, e.g., where a person is prevented from
going into a particular area,4 or removed from, one place to another or externed5 from a State
or other territory altogether.

4
Indra Narayan Bera v The State of W.B. 1951 SCC OnLine Cal 115
5
State of U.P. v Kausaliya (1964) 4 SCR 1004